Lai ( Re )
T-2258-93
Noël J.
28/9/94
5 pp.
Appeal from Citizenship Judge's decision refusing to grant citizenship to appellant under Citizenship Act, s. 5(1)(c) -- Appellant came to Canada from Hong Kong with family in 1989 for purpose of settling in Vancouver -- Intending to start new life, new business in Canada-Appellant's import-export business requiring extensive travel-Wife, three children remaining in Vancouver during travels-Citizenship judge wrong in focusing only on principle stated in Leung, Re (1991), 42 F.T.R. 149 (F.C.T.D.) -- Residency requirement including periods of absence from Canada where sufficient nexus between applicant and Canada -- In cases of physical absence during statutory period, proof of continued residence requiring evidence as to temporary nature of absence, clear intent to return, sufficient factual ties with Canada to assert residence in fact during period -- Considerable effort by appellant to create business opportunities within Canada -- Citizenship Judge should have focused on appellant's family ties in conjunction with other usual indicia of residence -- Substantial nexus between appellant and Canada so that periods of physical absence from Canada appropriately considered as periods of residence in Canada -- Appeal allowed-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).